6347.1 An independent living program shall establish behavior management strategies to provide rewards and praise for appropriate behavior as well as negative consequences for inappropriate behavior. Behavior management strategies may include, but are not limited to:

1. (a) A points or token economy system in which points or tokens are used to purchase privileges;
2. (b) A written contract between the independent living program and the resident setting forth its requirements in clear and understandable language to help the resident acquire self-discipline; and
3. (c) Provision of an allowance or withholding of an allowance, in accordance with § 6347.5.

6347.2 Discipline may not be arbitrary or capricious and shall be consistent among residents.

6347.3 An independent living program may not administer any form of restraint.

6347.4 An independent living program may not use forms of behavior management or discipline that involve cruel, severe, or humiliating actions, including, but not limited to:

1. (a) Corporal punishment;
2. (b) Physical exercise;
3. (c) Requiring or forcing a resident to maintain an uncomfortable physical position, or requiring or forcing a resident to repeat physical movements;
4. (d) Group discipline for the behavior of fewer than all residents;
5. (e) Verbal abuse, ridicule, or humiliation;
6. (f) Denial of social, mental health, educational, or casework services;
7. (g) Deprivation of any meal;
8. (h) Use or denial of any medication;
9. (i) Denial of visitation, mail, or telephone contact with a resident's family, attorney, or guardian ad litem;

(j) Denial of sleep;

(k) Requiring the resident to remain silent for long periods of time;

(l) Deprivation of civil rights provided by law, including, where applicable, the right to privacy, the right to freedom of association, the right to vote, the right to practice or not practice religion or faith of choice, the right to be free from unreasonable search and seizure, the right to be free from sexual harassment, and the right to be free from discrimination, including the right to equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, or gender;

(m) The denial of shelter, clothing, bedding, restroom facilities, or other essential personal needs;

(n) The withholding of any part of the resident's current or future stipend or an allowance already paid or due to be paid;

(o) Locked isolation;

(p) Organized social ostracism, including but not limited to codes of silence;

(q) Separation from other residents for more than thirty (30) minutes within any twenty-four (24) hour period;

(r) Continuing discipline when signs of severe emotional distress are apparent; and

(s) Barring the resident from entry into the main facility or her or his residence, locking a resident out of the main facility or her or his residence, or expulsion of the resident from the independent living program.

6347.5 Approved forms of discipline include, but are not limited to:

(a) The elimination or withholding of an allowance provided by the independent living program but not yet paid or due to be paid;

(b) Requiring the resident to prepare a written report about the behavior, including the lessons learned, the appropriate ways in which the resident could respond if the situation were to arise again, and the way in which the resident would respond if the situation were to arise again;

(c) The prohibition against attendance at or participation in planned activities; and

1. (d) The prohibition against the use of entertainment devices, including but not limited to televisions, radios, and computers.6347.6 An independent living program shall develop and follow written policies and procedures regarding the behavior management and discipline of residents, including but not limited to the:- (a) Reasonable discipline that may be administered for violating those rules, which shall relate and be proportionate to the unacceptable behavior, and reflect the nature of real world experiences, as appropriate to the resident's age and level of development;
2. (b) Resident's right to file a grievance concerning a disciplinary decision; and
3. (c) The elimination or withholding of an allowance.6347.7 Only staff receiving specific training in acceptable methods of discipline shall utilize discipline.6347.8 An independent living program shall inform the resident of the nature of and the reason for the discipline prior to administering the discipline.6347.9 An independent living program shall administer discipline as soon as practicable after the behavior occurs and after allowing the resident to explain his or her behavior.6347.10 An independent living program shall document the following in the resident's case record whenever disciplinary action is taken:- (a) The nature and date of the behavior warranting discipline;
4. (b) The type of discipline administered;
5. (c) The date the discipline was administered;
6. (d) The name and title of the person who administered the discipline;
7. (e) The resident's response to the discipline; and
8. (f) Any grievance and the outcome of the grievance.

SOURCE: Final Rulemaking published at 49 DCR 1591 (February 22, 2002).